Cabot’s Deck Out Your Space Promotion
Cabot’s, a division of DuluxGroup (Australia) Pty Ltd
ABN 67 000 049 427
1956 Dandenong Road, Clayton VIC 3168
Game of skill
From 12.00am AEDT 08/03/2021 to 11.59pm AEDT 04/04/2021
The period is divided into 4 promotional stages starting 12:00am AEDT on each stage start date and ending 11:59pm AEDT on each stage end date as follows:
Any Australian resident over 14 years of age for purchases made in Australia
If an entrant is under 18 years of age, they must obtain consent from a parent or guardian before entering
If an entrant is a Dulux trade account holder, they must not be in breach of the Promoter’s trading terms during the Period or have overdue monies owing at the time the Prize is received
As determined by the Promoter (in its absolute discretion)
1. Ineligible entrants are employees (and their immediate families) of the Promoter, Participating Stores or any of their respective parent companies, subsidiaries or affiliated companies or any agency associated with the Promotion
2. Employees is any officer, director, executive, employee, consultant, contractor or other person who performs work under the control of another in exchange for payment
3. Immediate family is any of the following: spouse, ex-spouse, de-facto spouse, child or step-child, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin and the persons referred to above includes natural and non-natural relations
4. As determined by the Promoter (in its absolute discretion)
After making a Qualifying Transaction, Entrants must:
(a) go to the Cabot’s website and navigate to the promotion web page
(b) complete the online entry form, including inserting full name, e-mail address and contact number
(c) upload a photo of the Participating Product on their freshly coated deck
(d) state in 25 words or less “How would you deck out your space with $10,000?”
5. Multiple entries are permitted, provided there is only one entry for each Qualifying Transaction and each entry is submitted separately and in accordance with the Promotion terms and conditions
Qualifying Transaction is a single purchase of .250 litres or more of a Participating Product from a Participating Store during the Period
Participating Product is any Cabot’s branded product.
Participating Store is any of the following stores in Australia that stock Participating Products and have not ceased trading due to COVID-19 restrictions: Bunnings Group Ltd, Independent Hardware Group, Inspirations Paint Store (Holdings) Ltd, Dulux Trade Centre.
Total prize pool value is $40,000, offered as 4 Prizes of $10,000 cash each as follows:
Entries are judged by a panel of judges appointed by the Promoter at the office of the Promoter. Judging starts following business day after the relevant stage end date. The judges determine the winner from valid entries which (in their absolute opinion) are the most original and creative. The judges may determine next best winners from the remaining valid entries and record them in the event an invalid entry or ineligible entrant is selected as the winner. The judges’ determination is final and binding
Within 2 business days after the judges have determined the winner, the Promoter will notify the winner in writing by e-mail and post their first initial, last name, state and Participating Store on the Cabot’s website www.cabots.com.au for 28 days after that date.
Within 5 business days after providing their nominated Australian bank account details (and subject to verifying entry validity and entrant eligibility), the Promoter will transfer the Prize by electronic funds transfer to the winner’s nominated Australian bank account
If the winner fails to provide their nominated Australian bank account details within 30 days after prize notification or provide any other information requested by the Promoter to verify entry validity and entrant eligibility, the Prize is deemed unclaimed
Unclaimed prize draw
If a Prize is unclaimed or the entry is invalid or the entrant ineligible, the next best entry (as determined by the judges) is awarded the Prize
Entries are deemed to be received at the time of receipt into the promotion database, not at the time of transmission by the entrant
Entrants must retain the original purchase receipt or invoice for each Qualifying Transaction and that original purchase receipt or invoice must clearly specify the Participating Store, the Participating Product and the date of the Qualifying Transaction (which must be before the entry date). If an entrant is unable to provide the original purchase receipt or invoice for a Qualifying Transaction, the Promoter may (in its absolute discretion) invalidate all the entrant’s entries and forfeit any right to the Prize
Tax implications may arise from an entrant winning a Prize and they should obtain independent financial advice before claiming the prize
Upon entering, entrants assign their intellectual property rights in the entry to the Promoter and consent to the Promoter using the entry in any manner the Promoter wishes, including modifying, adapting or posting the entry (whether in original or modified form, in whole or in part or not at all), without payment to the entrant. Upon entering, entrants consent to any dealings with the entry that may otherwise infringe their moral rights in the entry
Terms and Conditions
1. Information on how to enter the Cabot’s Deck Out Your Space Promotion and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
3. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
4. Incomplete and indecipherable entries and any entry which has incorrectly entered personal information or contact details shall be deemed an invalid entry. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements).
5. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
6. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
a. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion;
b. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
c. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
7. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to modify, suspend, terminate or cancel the Cabot’s Deck Out Your Space Promotion, as appropriate.
8. Entries must be the entrant's original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant's original work. If an entry cannot be verified to the Promoter's satisfaction, the entry will be deemed invalid.
9. An entrant's entry must not include:
a. any image or voice of any other person without that person's express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
b. any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
c. any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these Terms & Conditions.
10. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant's entry.
11. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
12. Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the prize(s). Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter's sole discretion is not able or suitable to participate in any of the experiences for reasons of the participant's own or anyone else's safety.
13. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must submit their entries and/or claims manually using an internet browser.
14. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.
15. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
16. As a condition of claiming a prize, the Participant may be required to (at the Promoter’s discretion) sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
17. The Promoter may communicate or advertise this competition using Facebook and/or Instagram or another social media platform. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram or any other social media platform. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability in connection with this Promotion.
18. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the prize is cash). If a prize, or an element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
19. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid.
20. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
21. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including Competition and Consumer Act 2010 (Cth).
22. Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the images submitted by them during this competition. Entrants also irrevocably consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
23. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties required for the provision of the Prize. Entry is conditional on providing this information. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion.
24. In addition to the privacy term set out above, if the entrant has ticked the "opt-in" box, the Promoter may also use personal information entrants provide to send information about the Promoters products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) the Promoter engages for that purpose.
25. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.